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10.49
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION III
841 Chestnut Building
Philadelphia, Pennsylvania 19107
APR. 25 1990
Mr. John M. Daniel, Jr., P.E.
Assistant Executive Director
Department of Air Pollution Control
Room 801
Ninth Street Office Building
Richmond, VA 23240
Dear Mr. Daniel:
The purpose of this letter is to respond to your letters, dated
February 6, 1990 and February 9, 1990, regarding the issuance of prevention
of significant deterioration (PSD) permits in attainment areas where
violations have been modeled. The enclosed attachment outlines the
procedures that must be followed when issuing PSD permits in these areas.
If you have any questions, please do not hesitate to call me at (215)
597-9075.
Sincerely,
Marcia L. Spink, Chief
Air Programs Branch
Enclosure
cc: Wallace Davis, Executive Director
Virginia Department of Air Pollution Control
Richmond, VA
James Sydnor
Assistant Executive Director
Virginia Department of Air Pollution Control
Richmond, VA
Attachment
- PROCEDURES FOR ISSUING PSD PERMITS TO SOURCES WITH NO SIGNIFICANT
IMPACTS IN AREAS WITH MODELED VIOLATION (S) FROM EXISTING SOURCES
The source seeking the PSD permit may be permitted, constructed, and
allowed to operate at its permitted, enforceable allowable emission
rate because at that emission rate, the source has no significant
impact. Although the state "owes" EPA a revision to its SIP to
correct the modeled violation(s) from the existing source(s), that SIP
revision and the issuance of the PSD permit are independent events.
(Note: The existing sources are to be modeled in accordance with Table
9-1 of EPA's Guideline for Air Quality Models. Nothing in the WEPCO v.
EPA case changes this reguirement).
- PROCEDURES FOR ISSUING PSD PERMlTS TO SOURCES WITH SIGNIFICANT IMPACTS
IN AREAS WITH MODELED VIOLATIONS FROM EXISTING SOURCES AND FOR
PROCESSING THE ASSOCIATED SIP REVISIONS
1. The source seeking the PSD permit may accept permit
conditions such that it, in and of itself, no longer has
a significant impact.
or
2a. Reductions or mitigating measures must be identified at
existing sources such that modeling the PSD source and
these existing sources indicates no significant
impact(s).
2b. This identification of the reductions at existing sources
and the modeling demonstrating no significant impact(s)
must be done prior to and as part of the preliminary
determination on the PSD application to afford the
opportunity for public comment.
2c. The reductions or mitigating measures necessary at the
existing sources must be made federally enforceable.
Until and unless the state has an approved SIP operating
permit program, the only means available for making the
reductions at the existing sources federally enforceable
is through source-specific SIP revisions. The State must
formally commit to submit the necessary SIP revision(s)
to EPA at the time it issues the preliminary
determination.
2
2d. Those SIP revisions must be adopted by the State and
approved by EPA prior to the time the PSD source
commences operation. The State must follow all of the
procedures for submittal of a SIP revision including
public notice and hearing. The State could
simultaneously offer public notice and hearing on the
preliminary determination of the PSD permit and on the
SIP revisions for the existing sources. The public
notice must be explicit and a public hearing must be held
because there are SIP revisions involved. (Public
participation for PSD permits usually requires only the
opportunity for public hearings.)
2e. The PSD permit must contain the following conditions:
1) Until and unless the (STATE) has imposed the
necessary restrictions on (EXISTING SOURCE NAMES) to
reflect the Scenario modeled as part of this permit
review demonstrating no significant impact those
restrictions have been approved by the United States
Environmental Protection Agency for incorporation
into the approved SIP, the (PSD SOURCE NAME) may not
commence operation except as conditioned below:
2) (Here conditions should be imposed on the source
seeking the PSD permit such that it, in and of
itself, would have no significant impact.)
NOTE: In the past, PM and SO2 SIP revisions setting new SIP allowable
emissions have required technical support consisting of full attainment
demonstrations. In general, EPA expects that the SIP revisions submitted
demonstrate no significant impact will also demonstrate no violations of
NAAQS. However, there may be isolated cases where two rounds of SIP
revisions occur. The first SIP revision would enforce the reductions
necessary at existing sources to demonstrate no significant impact (when
modeled with a source seeking a PSD permit). Where this SIP revision does
not demonstrate protection of the NAAQS (i. e., the elimination of all
predicted violations), the State still "owes" EPA a SIP revision to correct
the modeled violations of the NAAQS and may have to once again redefine the
allowable emissions at one or more of the same sources affected in the
previous SIP revision. The commitment must also be made at the time the
State issues its preliminary determination to issue the PSD permit.
Notebook Entries: 15.11; 6.31
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